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AF | BCMR | CY2004 | BC-2003-01073-3
Original file (BC-2003-01073-3.DOC) Auto-classification: Denied

                              THIRD ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01073
                                        INDEX CODE:  100.03

                                        COUNSEL:  NONE

                                        HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

A new Board consider this evidence and  promote  him  to  brigadier  general
(BG) with a date of rank of 30 March 2001.

_________________________________________________________________

STATEMENT OF FACTS

On 5 November 2003, the applicant's request to have an erroneous  Air  Force
Inspector General (AF/IG) Report of Investigation  (ROI),  S55942B,  removed
from his record was considered and denied by the Board.  For  an  accounting
of the facts and circumstances surrounding  the  applicant’s  request,  and,
the rationale of the earlier decision  by  the  Board,  see  the  Record  of
Proceedings at Exhibit I.

On 3 February 2004, the Board reconsidered and  denied  an  amended  request
that he be promoted to the grade of BG with a  date  of  rank  of  30  March
2001.  The Record of Proceedings, with attachments, is at Exhibit J.

On 15 June 2004, the  applicant  submitted  an  additional  amended  request
asking that a new Board be presented evidence  that  he  has  been  unjustly
targeted by Mr. A. and that he has been  denied  due  process  in  that  the
Board interviewed the original  Investigating  Officer  (IO)  from  the  Air
Force IG, and his right to respond to the interview  was  not  honored.   To
support his request, he has included a personal  statement  and  copy  of  a
Washington Post newspaper article regarding a Government  Accounting  Office
(GAO)  investigation  into  diploma  mills  and  senior  federal  government
employees.  His complete submission, with attachments, is at Exhibit K.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided, we  remain
unpersuaded that the application warrants relief.  We  carefully  considered
the statements provided by the applicant, in particular his contention  that
Mr. A. is the person  he  believes  is  responsible  for  keeping  him  from
receiving  the  promotion  to  BG,  and  the  statement  from   the   TAG-SC
supportings his allegations. Other than conjecture and  speculation  on  the
part of the applicant and the  TAG-SC,  the  Board  is  of  the  opinion  no
evidence has been presented that would lead us  to  believe  there  was  any
material wrongdoing by any individuals who  may  or  may  not  have  had  an
interest  in  denying  the  applicant’s  promotion  to  brigadier   general.
Therefore, absent any credible evidence to the  contrary,  we  can  find  no
reason with which to grant the relief sought in this case.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence  of  probable  material  error  or  injustice;  and  that  the
application  will  only  be  reconsidered  upon  the  submission  of   newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 14 September 2004, under the provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Mr. James W. Russell, III, Member
      Ms. Leslie E. Abbott, Member

The following documentary evidence was considered:

    Exhibit K.  Applicant’s Submission, dated 15 Jun 04, w/atchs.
    Exhibit L.  2nd Addendum to Record of Proceedings, dated
                14 Sep 04, w/Exhibits.


                                   BRENDA L. ROMINE
                                        Panel Chair






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